Roulette Blair v. Daniel J. McCarthy

Appellant McCarthy, Director of the Department of Corrections of the State of California, appeals the district court’s decision to grant appellee Blair’s petition for a writ of habeas corpus. We affirm.

In May 1983, Roulette Blair, pursuant to a plea bargain, entered a plea of guilty in state court to possession of a controlled substance (codeine) for sale, in violation of the Cal.Health & Safety Code § 11351(a). The trial court suspended Blair’s sentence and placed him on probation for three years. Blair’s conviction was subject to Cal.Penal Code § 3000(a), which imposes mandatory parole for a period not to exceed three years.

In December, 1983, Blair was arrested for a probation violation and sentenced to three years in state prison. In March, 1986, Blair was released on parole. He was, however, arrested as a parole violator in August, 1986, and reincarcerated.

While in custody, after exhausting his state remedies, Blair filed a federal petition for a writ of habeas corpus under 28 U.S.C. § 2254, claiming, among other things, that his due process rights under the Fourteenth Amendment of the Constitution had been violated as he was not informed of, and consequently was unaware…